RTK or Left-To-Wonder?
Recommended Reading

III. Federal Acquisition and Community
Right-to-Know Executive Order

Source: EPA 1994 Toxics Release Inventory
Public Data Release, Appendix A:
Questions and Answers

Q16 What is Executive Order 12969 and how does it affect Federal contractors?

A On August 8, 1995, the President signed Executive Order 12969, "Federal Acquisition and Community Right-To-Know" (60 FR 40989; August 10, 1995), mandating that, to the extent practicable, each Federal agency shall contract only with those companies that have committed to continue reporting their releases of toxic chemicals under EPCRA section 313 and PPA section 6607. To achieve this goal, E.O. 12969 requires prospective contractors to include in their bids a certification that, if awarded the contract, they will continue to report as required under EPCRA section 313, unless an exemption provided by the Executive Order applies. The E.O. applies to all competitive contracts expected to exceed $100,000. This certification requirement also is required of first-tier subcontractors.

Q17 Does this mean that Federal contractors currently not required to report under section 313 of EPCRA must now report if they want to be awarded a government contract?

A No. E.O. 12969 does not extend the EPCRA section 313 reporting requirements to facilities which are not currently subject to them. E.O. 12969 only mandates that contractors already required to report under section 313 of EPCRA certify that they will continue to do so for the life of the contract, or face termination of their government contracts. Federal contractors not required to report may simply indicate in their proposals that they are not subject to the EPCRA section 313 reporting requirements.

Q18 Where can I get more information about the provisions of E.O. 12969?

A On September 29, 1995, EPA published guidance for implementing E.O. 12969 in the Federal Register (60 FR 50738). This guidance provides a section-by-section analysis of the Executive Order. Also, on October 30, 1995 an interim final rule amending the Federal Acquisition Regulations (FAR) was published (60 FR 55306). This interim final rule, which took effect immediately, provided detailed instructions for contracting officers to comply with E.O. 12969. The FAR Council currently is working to promulgate a final rule. For additional information, you can call the EPCRA Hotline at (800) 535-0202.

Source: USEPA 1994 Toxics Release Inventory Public Data Release (EPA 745-R-96-002, June 1996).

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